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Home My WebLink About03-186 - Resolutions RESOLUTION NO. 03-186 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2003-00823 FOR A WALL HEIGHT IN EXCESS OF THE MAXIMUM CODE STANDARD ASSOCIATED WITH THE DEVELOPMENT OF DEVELOPMENT REVIEW DRC2003-00336/FAIRFIELDAPARTMENTS AND DRC2003-00337/FAIRFIELD APARTMENTS, LOCATED SOUTH OF CHURCH STREET ON THE WEST SIDE OF DAY CREEK BOULEVARD IN THE MIXED-USE/HIGH RESIDENTIAL DISTRICT OF THE VICTORIA ARBORS VILLAGE OF THE VICTORIA COMMUNITY PLAN,AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-201-38, 39, 41, 42 AND 43. A. Recitals. 1. Charles Joseph Associates riled an application on behalf of Fairfield Residential LLC for the issuance of Variance DRC2003-00823, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 10th day of December 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on December 10, 2003, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a.' The application applies to property located south of Church Street and west of Day Creek Boulevard with a street frontage of approximately 1,310 feet along Day Creek Boulevard and is presently vacant land; and b. The property to the north of the subject site is vacant land in the Mixed-Use Medium Residential District, the property to the south consists of vacant land in the Mixed Use/Commercial Regional Related, the property to the east is vacant land in the Mixed-Use Regional Commercial District, and the property to the west is the Southern California Edison Utility Corridor; and C. The Variance is requested for overall wall heights that exceed the maximum allowed by the Development Code which is normally 6 feet for any combination of solid and open fences that are located in portion of the front, side or rear portion of the lot; and d. The proposed project is located in the Mixed-Use High Residential District of the Victoria Arbors Village of the Victoria Community Plan, and has been designed in accordance with all other standards and guidelines of the Development Code and the Victoria Community Plan and the Arbors Village Master Plan and Design Guidelines. PLANNING COMMISSION RESOLUTION NO. 03-186 DRC2003-00823 — CHARLES JOSEPH ASSOCIATES/FAIRFIELD RESIDENTIAL December 10, 2003 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code because the Grading Plan has been designed to accommodate the varying and changing conditions along the perimeter of the site including interfacing with the Southern California Edison (SCE) Corridor and Day Creek Boulevard. The use of the retaining walls along the north and south boundaries helps to create terraced buffers between land use densities and between residential land use and commercial development. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district because the site has been designed to control the drainage of the project site from entering the SCE property; and because the two apartment projects provide a transition in land use from the Medium Residential District on the north boundary to the commercial shopping center on the south boundary. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district, because the proposed 1 to 6-foot retaining walls, in addition to the 6-foot wrought iron fence placed atop the retaining wall, resulting in overall wall/fence heights up to 12-feet in height,will provide the optimum relationship with the adjacent open space along the SCE Corridor, and provide a terraced buffer between the Medium Residential District land use to the north and the commercial land use proposed to the south. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district because the proposed project has been designed to minimize the impact of drainage of the proposed project on the adjacent open space/utility corridor, and to provide positive drainage flow from the site to Day Creek Boulevard. e. That the granting of the Variance will not be detrimental to the public health,safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. On July 7, 1999, the City Council certified the Environmental Impact Report (State Clearinghouse No. 98041137)as adequate and complete. On December 20, 2000, the City Council adopted Facts and Findings and Overriding Considerations for approving the Victoria Arbors Land Use entitlements. On March 21, 2001, the City Council approved an addendum to the EIR (State Clearing House No. 98041137) for approving the Victoria Arbors Master Plan and the Tentative Tract. Based on the Initial Study prepared by the City's Environmental Consultant, LSA Associates, Inc., it was determined that the project as described above is within the scope of the certified EIR and the Addendum. Further it was determined that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exists and therefore no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared. PLANNING COMMISSION RESOLUTION NO. 03-186 DRC2003-00823 —CHARLES JOSEPH ASSOCIATES/FAIRFIELD RESIDENTIAL December 10, 2003 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below: Planning Division 1) The Variance shall expire if building permits are not issued within 5 years from the date of approval. No extensions are allowed. 2) The construction of the retaining walls and fences shall be in accordance with the Precise Plot and Grading Plan approved by Planning and Building and Safety Divisions for the issuance of the Precise Grading Permit. 3) All retaining walls shall be constructed of decorative material consistent with the architectural theme and building materials used within the project. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �,L� / /i 2 L r y T. ie], Vice Chairman ATTEST: _ rad Bul , S retary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of December 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS